SyncPoint Imaging, LLC v. Nintendo of America Inc. et al

Filing 283

ORDER ADOPTING REPORT AND RECOMMENDATIONS 279 , OVERRULED 282 Objections to Report and Recommendation Denying 260 Motion to Dismiss without prejudice. Signed by District Judge Rodney Gilstrap on 2/9/2018. This case is hereby DISMISSED WITH PREJUDICE. (ch, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
SYNCPOINT IMAGING, LLC,
Plaintiff,
v.
NINTENDO OF AMERICA INC., et al.;
Defendants.

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§ Case No. 2:15-cv-00247-JRG-RSP
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ORDER

Before the Court is the Report and Recommendation entered by Magistrate Judge Payne, which
recommends denying SyncPoint’s motion to dismiss the case without prejudice for mootness and further
recommends that a dismissal with prejudice be entered. For dispositive matters referred to a Magistrate
Judge, the district court must “determine de novo any part of the magistrate judge’s disposition that has
been properly objected to.” Fed. R. Civ. P. 72(b)(3); 28 U.S.C. § 636(b)(1)(C). “The district judge may
accept, reject, or modify the recommend disposition.” Fed. R. Civ. P. 72(b)(3); 28 U.S.C. § 636(b)(1)(C).
Having fully reviewed the Report and Recommendation de novo, and having found SyncPoint’s
objections unpersuasive, the Court finds no reason to reject or modify the recommended disposition.
Accordingly,
It is ORDERED:
(1) SyncPoint’s objections to the Magistrate Judge’s Report and Recommendation, Dkt. No. 282,
are OVERRULED.
(2) The Magistrate Judge’s Report and Recommendation, Dkt. No. 279, is ADOPTED.
(3) SyncPoint’s motion to dismiss without prejudice, Dkt. No. 260, is DENIED.

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(4) This case is hereby DISMISSED WITH PREJUDICE. The Clerk is directed to close this
case.

SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 9th day of February, 2018.

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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE

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